TIMMONS v. CLAYTON

No. 5-124.

259 S.W.2d 501 (1953)

TIMMONS v. CLAYTON.

Supreme Court of Arkansas.

June 22, 1953.


Attorney(s) appearing for the Case

E. H. Timmons, Morrilton, for appellant.

Phillip H. Loh, III, Morrilton, for appellee.


McFADDIN, Justice.

Appellant and appellee own adjoining lands within the city limits of Morrilton; appellant's tract of about two acres lies north of appellee's property, and the slope of the surface is from north to south. The decisive question on this appeal is whether previous litigation between the same parties is res judicata of the principal issue in this litigation.

Previous Litigation

In 1951, appellant filed suit in Chancery, claiming...

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